Analysis

6th Circ. Increases Uncertainty Over Foreign Discovery Law

By Caroline Simson (September 27, 2019, 8:00 PM EDT) -- The Sixth Circuit's decision that federal courts can order parties to turn over evidence for private commercial arbitration abroad has created a rift among the nation's appeals courts, increasing uncertainty and making it more likely the issue will end up before the U.S. Supreme Court.

The Sixth Circuit ruled Sept. 19 that under Section 1782 of the U.S. Code, a Saudi company could obtain discovery from FedEx Corp. as it pursues arbitration in Dubai over a soured delivery services agreement.

Once an obscure statute, Section 1782 has become a powerful and popular tool for litigants pursuing evidence for use in proceedings...

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